Valid from 25.01.2022
(1.1) Florian Zandberg and Fabian Schimpfhauser, Am Schwarzen Berg 131, 21682 Stade, Germany, offer a mobile app, namely the Fylet app, which provides users (hereinafter referred to as "Users") with information about the provided recipes including shopping lists with product and package information as well as the nutritional values and step-by-step information. In addition, there is the possibility to create your own recipes, to “liken” and to subscribe to other users. This use is subject matter of the contract of these general terms and conditions.
(1.2) These General Terms and Conditions apply to any free use of the Fylet app. They also apply to any later extended free use of the Fylet app with registration and also to any paid use of the Fylet app with registration.
(1.3) All information you provide when creating an account must be current and truthful. You may not disclose your password to third parties, you must keep it inaccessible to unauthorized persons and immediately notify us in text form of any loss or disclosure;
(1.4) Fylet reserves the right to change these GTC with effect for the future according to the following procedure: For this purpose, Fylet will notify you in advance of the intended changes by e-mail or by other suitable means of contract modification, such as in particular online procedures (e.g. via overlays with a consent requirement within the app) and inform you of your right to object with a notice period of one month. The changes shall be deemed accepted if you do not object within one month after notification of the changes.
(2.1) Basic services of the Fylet app:
Fylet provides you with recipes, shopping lists and illustrated cooking instructions via the Fylet app. In addition, Fylet may provide you with your own personal space where you can create your own recipes and shopping lists.
The scope of the provision of recipes and the possibilities of use depend on the type of account you have chosen. You have an account-free use (see 2.3) and a free account (see 2.3).
(2.2) Fylet app services (account-free use):
The Fylet app is installed free of charge. The Fylet app offers you recipes that you can select and cook.
(2.3) Additional services of the Fylet app after registration of a free account:
After your registration, which is also free (free account), you can save and create as many Fylet recipes in the Fylet app as you want – limit is only the absolute amount of üprovided via the Fylet app.
You can also use other free features of the Fylet app, such as creating your own shopping lists and personalizing your account. Creating a free account does not obligate you to sign up for a paid subscription.
(2.4) As soon as you have unlimited storage space after registration, you can use this storage space for all recipes from the Fylet app. Recipes can then be added to the favorites list and also deleted.
(2.5) Fylet provides you with information and data via the Fylet app, which Fylet has collected itself or is provided by third parties from the food trade, in order to offer you further information on food shopping and recipes. These data include, for example, nutritional values or allergens. This data may be outdated or vary locally depending on the location and region of the respective supermarket.
(2.6) In particular, Fylet assumes no liability and no responsibility for the fact that the products displayed in websites and apps of third parties (in particular supermarkets) linked to the Fylet App are available at the third parties (in particular in the respective supermarkets) and/or can be purchased at the conditions stated by the third parties on the linked websites and apps. We agree and you acknowledge that Fylet has no control over the respective offers of the third parties, in particular the supermarkets. The responsibility for the assortment and pricing lies solely with the respective third party who is the supplier of the product in question. In case of an intention to purchase, you yourself are obliged to check all information essential for the conclusion of the contract and its up-to-dateness on the basis of the information provided by the supermarket and to contact the respective third party (usually a seller, in particular the supermarket in question) with the corresponding (purchase) offer and, if necessary, to conclude corresponding contracts. In particular, Fylet accepts no liability and no responsibility for the accuracy of the information and data provided by third party websites and apps linked to the Fylet app.
(2.7) The rights to the Fylet app and to the contents displayed in the app, in particular the recipes of the Fylet app, are and remain with the Fylet app; you only receive the right to make the necessary uses for the Fylet app (i.e. in particular calling up the app, cooking, creating recipes); this right applies worldwide, is not assignable and cannot be sublicensed.
All intellectual property rights in the Fylet App, including but not limited to our logos, domain names and other Fylet App features, are owned solely by the Fylet App. You are not granted any right to use Fylet's trademarks, logos, domain names or other Fylet App features, whether for commercial or non-commercial purposes.
(2.8) On the Fylet Platforms, the Fylet App is permitted to display advertising information to You.
(2.9) Fylet may, at its own discretion, also grant you the opportunity to publish your own comments and contributions on the Fylet Website. Any intentional or knowing use that is likely to harm the interests of the Fylet app or its reputation in the public, to impair the security of the IT system or to violate applicable laws is impermissible. This applies in particular to
(3.1) Fylet shall only be liable under the usage agreement with the Fylet App Users for intent and gross negligence, cases of injury to life, body or health and in the case of mandatory statutory provisions for itself and its legal representatives, executives and vicarious agents.
(3.2) In all other cases, the liability of Fylet-App is excluded.
(3.3) In the event of a breach of cardinal or material contractual obligations, the obligation to pay compensation shall be limited to the foreseeable damage.
(3.4) Fylet provides the Fylet-App in the form and with the functions that are currently available. There is no claim to the provision or maintenance of certain functions. No guarantee is given with regard to the availability of the system. It may be temporarily restricted due to maintenance work or for other reasons in whole or in part, e.g. with regard to individual functions ("restricted availability"). Liability for the consequences of restricted availability - regardless of the type and reason - is excluded.
(3.5) Fylet shall not be liable for the completeness, correctness or availability of the data entered or made available by third parties.
(3.6) The respective subject matter of the contract in the case of sales transactions shall be sold in its condition existing at the time of conclusion of the contract. All of your rights due to obvious or hidden material defects are excluded. This also applies to all claims for damages, unless Fylet acts intentionally. The statutory provisions shall apply to material defects arising between the conclusion of the contract and the transfer of risk.
(4.1) You can continue to use the recipes, texts, photos, videos and other content (hereinafter referred to as: user content) uploaded or entered by you on Fylet without restriction even after they have been made available in our offer.
(4.2) In order for us to be able to provide your User Content on the Fylet app, you grant us the necessary rights of use. The same applies to the provision of your user content in the offers operated by us outside the Fylet app, for example on our accounts on social media services, via our mobile apps, via voice assistants (e.g. on Amazon Alexa, Google Home, Samsung Bixby) and in the area of so-called smart home devices (e.g. kitchen and home appliances with Internet connection). For this purpose, you grant Fylet a royalty-free, non-exclusive right of use, unlimited in terms of time and content, also for commercial, chargeable use and use in self-promotion for the Fylet app as well as for other Fylet offers. This right of use applies with or since the provision of your user content on the Fylet app, regardless of the time of the respective provision. The right of use includes in particular a right to reproduce (§ 16 UrhG), to distribute (§ 17 UrhG), to make available to the public (§ 19a UrhG), to broadcast (§ 20 UrhG) and to reproduce the user content by image and sound carriers (§ 21 UrhG). Should new technical possibilities for the exploitation of user content become known, we may also use them. If your user content contains your name, person or voice, the corresponding rights are also granted to the extent described above.
(4.3) The rights granted to us also include a partial use of your User Content. Fylet is also entitled to record your User Content or extracts thereof in digitalized or non-digitalized form and to store them in databases and, if necessary, to combine them with other works or data.
(4.4) In addition, we are entitled to integrate user content from the "Recipes" area into third-party offers or have it integrated and to license or transfer the rights to user content to third parties for this purpose. For the use by these third parties, in particular their use for advertising purposes, the provisions on the scope of the rights of use under sections 4.1, 4.2 and 4.3 shall apply mutatis mutandis. We work towards ensuring that the respective third party is contractually obligated to name the Fylet app as source and to attach an appropriate reference to it (e.g. the Fylet logo).
(4.5) In order to further adapt User Content to or in the various offers (including third-party offers within the meaning of Section 4.4), we also require a right to edit, e.g. to adapt the format, to change the layout or to attach a copyright notice or a watermark to images or to translate them into other languages. You also grant us the right to redesign and edit the user content yourself or through third parties, in particular for the purpose of integrating it into other (digital) forms of presentation and languages. The right of use also includes the right to edit the user content in order to correct obvious errors, for example with regard to spelling and grammar.
(4.6) We will always appropriately associate User Content with you as long as you have a User Account with us. Upon termination of your user account, for whatever reason, we are still entitled to use user content from you in full, including in anonymized form.
(4.7) You warrant that you have the necessary rights of use to the User Content and that you may freely dispose of it, and in particular that your User Content is not encumbered with copyrights, ancillary copyrights, personal rights and/or other rights of third parties. If third parties nevertheless raise claims although your User Content is used in accordance with the provisions of this Section 4, you shall bear the reasonable costs of legal defense and prosecution and indemnify us against all claims raised by third parties due to the contractual use of your User Content.
(4.8) You acknowledge that all trademark and other proprietary rights in the Fylet App, except for your User Content, are exclusively ours and may not be used without our prior written consent.
For the out-of-court settlement of consumer disputes, the European Union has set up a platform for online dispute resolution („ODR platform“), which can be accessed via the link http://ec.europa.eu/consumers/odr. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online contracts. In accordance with § 36 VSBG, Fylet points out that Fylet is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
(6.1) These GTC as well as the use of the Services shall be governed by German law with the exception of its conflict of law provisions. For disputes arising from or in connection with the use of the Services and/or these GTC, the courts in Stade shall have exclusive jurisdiction, provided that both parties are merchants or do not have a permanent residence in Germany, have moved their residence or habitual abode abroad after these GTC have become effective, or if the residence or habitual abode is not known at the time the action is filed.
(6.2) If the Member is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a special commercial entity under public law or a legal entity under public law, Stade shall be the exclusive place of jurisdiction for all disputes arising from the User Agreement and these GTC.